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FERRARI S.P.A. ESERCIZIO FABRICHE v. ROBERTS

No. CIV-2-88-73.

739 F.Supp. 1138 (1990)

FERRARI S.P.A. ESERCIZIO FABRICHE AUTOMIBILI E CORSE v. Carl ROBERTS, d/b/a Roberts Motor Company.

United States District Court, E.D. Tennessee, Northeastern Division.

April 27, 1990.

Attorney(s) appearing for the Case

Cleary, Gottlieb, Steen & Hamilton (Jonathan I. Blackman and Lawrence B. Friedman, of counsel), New York City, Robin, Blecker, Daley & Driscoll (Albert Robin, of counsel), New York City, Baker, Worthington, Crossley, Stansberry & Woolf, Johnson City, Tenn. (Ed E. Williams III, Robert D. Van de Vuurst, of counsel), for plaintiff.

Shumate & Bowling (W.F. Shumate, Jr. and Bobby Bishop, Jr., of counsel), Richard S. Wirtz (pro hac vice), University of Tennessee College of Law, Knoxville, Tenn., for defendant.

MEMORANDUM OPINION

HULL, Chief Judge.

This is an action for unfair competition in which the plaintiff (Ferrari) alleges that its unregistered trademarks have been infringed by the defendant (Roberts).1 The trademarks at issue are claimed in the exterior shapes and features of two of Ferrari's automobile models, the 365 GTB/4 (Daytona Spyder) and the Testarossa. Accused of infringing...

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